Thread: Do illegal aliens have the right to day in court? The Supreme Court answered in 1896

Do undocumented immigrants have the right to a day in court? The Supreme Court answered in 1896

Law of the land. (AP Photo/J. Scott Applewhite)

WRITTEN BY Annalisa Merelli
OBSESSION

"America First"
50 mins ago

In the long list of Donald Trump’s incendiary claims about immigration, a particularly extreme example appeared yesterday on Twitter: The US president described immigrants generally as trying to “invade our country” and called for mass deportations with “no Judges or Court Cases.”

Donald J. Trump
✔@realDonaldTrump

We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents...
8:02 AM - Jun 24, 2018

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Many of the people arriving at the United States’ southern border are asylum seekers. And according to the UN’s Convention on the Rights of Refugees of 1951, and the Protocol subsequently ratified by the US in 1967, there are legitimate cases in which a refugee might breach a country’s immigration law in order to apply for asylum (pdf, p.3):

The Convention further stipulates that, subject to specific exceptions, refugees should not be penalized for their illegal entry or stay. This recognizes that the seeking of asylum can require refugees to breach immigration rules. Prohibited penalties might include being charged with immigration or criminal offences relating to the seeking of asylum, or being arbitrarily detained purely on the basis of seeking asylum.

At the very least, this means even undocumented immigrants should be given the chance to request asylum—which, were they to receive it, would justify crossing the border without prior permission.

Granted, the Trump administration doesn’t think much of the United Nations. But even if you ignore international agreements on how to treat refugees, the US still cannot imprison or sentence undocumented immigrants for breaking the law without a judge or court case.

In the 1896 case Wong Wing vs. US, the Supreme Court ruled that even an immigrant who had broken immigration law still had the right to make his case to a judge before being “deprived of life, liberty, or property.”

[A]ll persons within the territory of the United States are entitled to the protection guarantied by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law.

The court decision establishes that the US Constitution’s Fifth and Sixth amendments—which grant the right to a public trial and prohibit detention without due legal process—extend to all people on US soil.

https://qz.com/1314128/undocumented-immigrants-have-the-same-right-to-due-process-as-us-citizens/

Here's the Constitutional Problem With Trump's Call to Deport Illegal Aliens Without Seeing Judges

Put the military on the border and do not allow them to enter, therefore no day in court necessary.

If we can not protect our border from invaders, we are in trouble.

What is recognized as legal in pure, unadulterated circumstances may not be recognized that way when there are significant questions of fraud. We hear this argument all of the time and in perfect circumstances it probably makes sense. What about times when there is an overwhelming rush? And what about when we seem to be the select destination?

JUST LIKE VISA, STUDENT VISA, WORK VISA, REFUGEES!

VET THEM ON THEIR SOIL PRIOR TO COMING HERE OR NO ENTRY!

First country they pass through is Mexico. Let them fleece them and not us. Military on the border.

They want to come to steal from American taxpayers, bring crime, make their lives better yes, without regard for the lives of citizens.

Originally Posted by Beezer

JUST LIKE VISA, STUDENT VISA, WORK VISA, REFUGEES!

VET THEM ON THEIR SOIL PRIOR TO COMING HERE OR NO ENTRY!

Less of all of those ways to enter is best for a period of time. Our country needs a breather to get this immigration mess under control, streamline ways to enter, monitor, send them out, penalize in ways that matter.

They do not make "our" lives better.

They have turned our lives into the living hell they fled.

They created it on their soil and BRING it here!

10 YEAR MORATORIUM ON ALL IMMIGRATION!

STOP IT ALL

EUROPE DOES NOT WANT IT EITHER!

KING OF JORDAN DOES NOT WANT IT...I DO NOT WANT TO PAY FOR HIS REFUGEES EITHER! NO MONEY FROM US!

NOW KING AND TRUMP...SEND THEM HOME NOW! ALL OF THEM!

FORCE THEM TO LIVE IN PEACE ON THEIR SOIL AND STOP BREEDING!

[A]ll persons within the territory of the United States are entitled to the protection guarantied by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law.

[Emphasis added]

Capital Crimes:
Wikipedia:
Crimes that are punishable by death are known as capital crimes or capital offences, and they commonly include offences such as murder, treason, espionage, war crimes, crimes against humanity and genocide.

And:

infamous crime
Merriam-Webster.com
a crime judged infamous because it constitutes treason or a felony, because it involves moral turpitude of a nature that creates a strong presumption that the one guilty is unworthy of belief in a court of law, or because it subjects the one guilty to infamy

Coming across the border illegally is not a "capital crime"! And it is not an "infamous crime" either.

Since coming across the border is misdemeanor, it doesn't give them the right to a trial under this decision!

The Supreme Court can rule just about any way they want. Why do you think they come up with hundreds of pages sometimes?